The Role of Parliaments in the Protection and Realisation of the Rule of Law and Human Rights research project: Follow-on Funding

Lead Research Organisation: British Institute of International and Comparative Law
Department Name: Head office

Abstract

1. This proposal seeks funding to enable the research project to take a unique opportunity with the potential for major international impact, to assist international partner organisations (in particular the United Nations and the global organisation for parliaments, the Inter-Parliamentary Union) in the finalisation of the text of a set of Principles on Parliaments and Human Rights and to take the final steps towards their adoption by the UN Human Rights Council in June and, possibly, the UN General Assembly in September. The Bingham Centre for the Rule of Law, where the PI (Murray Hunt) is Director, will act as the host institution for the duration of the proposed next phase (May to October 2018).

2. Following a resolution of the UN Human Rights Council in June 2017, the UN Office of the High Commissioner for Human Rights ("UNOHCHR"), working with the Inter-Parliamentary Union ("IPU"), has drafted a set of Principles on Parliaments and Human Rights. The draft Principles will be the subject of a validation exercise in June 2018 in Geneva, involving parliamentarians from a number of countries, and will be included in a Report to the UN Human Rights Council to be considered during its 38th session in Geneva in June. If adopted by the UN Human Rights Council, there is the further possibility that the Principles might be considered by the UN General Assembly during its meeting in New York in September 2018, which would greatly enhance their normative status as a set of global principles for parliaments worldwide.

3. The adoption of a set of internationally agreed Principles and Guidelines on the role of parliaments in relation to human rights and the Rule of Law has been one of the principal impact objectives of the project since 2012. The PI has been consulted by UNOHCHR on the draft Principles and invited to take part in the validation exercise in Geneva. The purpose of the funding sought in this proposal is to enable the project's research team to play a full part in what it is hoped will be the final stages in the adoption of the Principles as an internationally agreed set of norms.

4. Three previous phases of the project have been generously funded by the AHRC, without which the project could not have achieved such a level of influence, and the potential to have such a major impact internationally. A full summary of activity on the project since 2010 can be viewed online at https://www.law.ox.ac.uk/research-and-subject-groups/parliaments-rule-law-and-human-rights-project

Planned Impact

The purpose of the additional funding now being sought is to enable the project's established research team to work in close partnership with the above partner organisations on the potential international adoption of a set of draft principles. In particular this will comprise the following main activities:

(1) taking a full part in the UNOHCHR/IPU validation exercise in Geneva in June (this validation exercise is an important step in the adoption of the principles as it is crucial that the Principles have the buy-in of national parliaments before being adopted through an intergovernmental process);

(2) to provide the research input necessary to help the adoption of the Principles by producing an AHRC Policy Paper updating the March 2017 Policy Paper Global developments in the role of parliaments in the protection and promotion of human rights and the rule of law: An Emerging Consensus;

(3) to organise, with international partners, a side-event during the Human Rights Council in Geneva in June, to follow up the very successful side-event in March 2017, co-hosted by UNOHCHR, IPU, AHRC, the Commonwealth Secretariat and the alliance of member states which sponsored the resolution which has brought forth the draft Principles, in order to encourage discussion and consideration of the Principles and to raise their profile;

(4) to take part in any consideration of the draft Principles by the UN General Assembly in New York in September, and possibly to organise a side-event during the General Assembly, to serve the same purposes as the side-event in Geneva in June, but on the wider UN stage;

(5) in the event that the Principles are adopted by the UN Human Rights Council and/or the UN General Assembly, to work with the IPU to devise the most effective way to disseminate them to the world's parliaments and to begin to develop resources to help implement them.

It is hoped that these activities will help to secure the adoption of some internationally agreed Principles on parliaments and human rights and therefore achieve the project's principal impact goal. However, while the research team can work energetically to create interest in the draft principles and to continue to build the necessary partnerships, the pace of formal adoption by the international bodies involved is beyond the control of the research team.

Publications

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Description A set of Principles on Parliaments and Human Rights, to guide national parliaments in the performance of their functions in relation to human right, has been drafted by the UN Office of the High Commissioner for Human Rights, validated by parliamentarians, and discussed at a side event on Parliaments and Human Rights at the UN General Assembly in New York, as a first step towards what is hoped will be their adoption by the General Assembly in due course.
Exploitation Route Parliamentary human rights committees in national parliaments might use the draft Principles on Parliaments and Human Rights as a guide to developing their own role; governments might initiate a General Assembly Resolution adopting the Principles; and national human rights institutions and civil society groups might use the draft Principles to put pressure on parliaments and governments to increase their human rights capacity.
Sectors Government, Democracy and Justice

URL https://www.law.ox.ac.uk/research-and-subject-groups/parliaments-rule-law-and-human-rights-project
 
Description The draft Principles on Parliaments and Human Rights have been discussed at a side event at the UN General Assembly, with a view to their eventual adoption as UN Principles. In September 2020 the President of Uzbekistan (recently elected for the first time to the UN Human Rights Council) announced in his speech to the UN General Assembly that Uzbekistan "propose to adopt a special resolution of the UN General Assembly on enhancing the role of parliaments in achieving the Sustainable Development Goals and ensuring human rights." The resolution is expected to be tabled in 2021 which will provide an opportunity for the UN General Assembly to endorse the draft Principles. The draft Principles have also been used by the Equalities and Human Rights Committee of the Scottish Parliament as a source of recommendations to the Scottish Government and Parliament about how to increase the Parliament's capacity to act as a human rights promoter. The draft Principles were also used by the Scottish National Taskforce on Human Rights Leadership, set up by the Scottish First Minister to advise the Scottish Government about a new statutory framework for human rights protection in Scotland.
First Year Of Impact 2018
Sector Government, Democracy and Justice
Impact Types Policy & public services